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Assault in the 1st Degree, RCW 9A.36.011

Assault in the First Degree is defined as acting with the intent to inflict
great bodily harm, and 1) using a firearm or any deadly weapon (or such
force as is likely to produce great bodily harm or death) or 2) exposing
a person to the H.I.V. virus or other destructive substance, 3) assaulting
another person and inflicting great bodily harm. The definition of "deadly
weapon" has been held to be quite broad, and has included even items
such as a pencil.

The penalties for Assault 1st Degree are severe and are almost as high as the penalties for Murder in
the Second Degree. The maximum penalty is life in prison and a $50,000
fine. The standard range sentence for a person with no prior criminal
history is 93 to 123 months in prison (or roughly 8 to 10 years). In addition
there are potential weapons enhancements. Weapons enhancements do not
always apply, however, when the manner of charging the offense contains
the use of a weapon as one of the elements of the offense.

First Degree Assault is a "specific intent crime" which means
that defenses such as voluntary intoxication, diminished capacity, and
insanity apply. Other common defenses that are used in First Degree Assault
cases include self-defense, defense of others, mistaken identity, etc.

In Assault First Degree cases, the doctrine of "transferred intent"
often applies. This doctrine spells out that once the prosecutor proves
an intent to inflict great bodily harm to a specific person, that intent
can be "transferred" to additional persons. For example, if
a suspect discharges a firearm toward one individual and misses and hits
another person, that is treated as Assault First Degree (rather than as
an accident.)

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.